(Order dictated by Smt. S.S. Kadrollimath, Member)
ORDER
The complainant has filed the complaint u/s. 12 of the C.P. Act, against the O.Ps. alleging deficiency in service of non payment of the amount kept in Mutual benefit scheme.
2) O.Ps. inspite of the service of the notice, have remained absent and set exparte.
3) In support of the claim in the complaint, complainant has filed affidavit and certain documents including original Mutual benefit certificate is produced. We have heard arguments of the complainant’s counsel and perused the record.
4) Now the point for our consideration is that, whether the complainant has proved deficiency in service on the part of the O.Ps. and that the complainant is entitled to the reliefs sought?
5) Finding on the point is partly in affirmative for the following reasons.
REASONS
6) The grievance of the complainant is that, inspite of the demands made the Mutual benefit amount remained unpaid by the OPs. The complainant is the member to the scheme and his membership No.884 as per the certificate and he invested Rs.45,000/- on 20/08/2008 and the maturity value is Rs.55,000/- and maturity date was on 20/06/2013. This fact is stated in the affidavit by the complainant. Considering the entire facts, it is proved that inspite of the demands made the amount remained unpaid and the said act of the Ops, amounts to deficiency in service.
7) The complainant in his complaint has described the mod of payment made to the O.Ps. on installment basis and also have mentioned that the O.Ps. have issued the receipt for the amount paid by the complainant on monthly basis. The complainant has produced the receipts issued by the O.P. society and also the legal notice issued to the O.Ps. The complainant further content that the O.Ps. inspite of receipt of the notice have not replied and further that he has learned that there is criminal case pending against the O.P.1 and 2 at the Shahapur police station for withholding the deposits of the customers. The complainant has contended many other things in the different paras of the complaint and prayed to direct the O.Ps. to pay the deposited amount and compensation etc.
8) Taking in to consideration of various aspects and the decision of Hon’ble Apex Court reported in (2011) SCCR 268 and of the Hon’ble Apex Commission reported in 2013 (2) CPR 574 as well as other subsequent decisions, absolutely it is just and necessary to impose cost on daily basis if order remains uncomplied within the period fixed for compliance of the order, so as to have feeling and pinch.
9) Accordingly, following order.
ORDER
Complaint is partly allowed.
The O.Ps. represented by the Chairman and Vice chairman as shown in the cause title jointly and severely are hereby directed to pay to the complainant the amount kept in mutual benefit scheme of Rs.55,000/- in respect of the membership bearing No.884 with interest at the rate of 8% P.A. from 20/06/2013 till realization of the entire amount.
Further, The O.P. represented by the Chairman and Vice chairman as shown in the cause title jointly and severely are hereby directed to pay a sum of Rs.3,000/- to the complainant towards costs of the proceedings.
Order shall be complied within one month from the date of the order.
If the order is not complied within stipulated period, Chairman and Vice chairman as shown in the cause title jointly and severely are hereby directed to pay a sum of Rs.50/- per day to the complainant from the date of disobedience of order till the order is complied.
(Order dictated, corrected and then pronounced in the open Forum on: 15th day of December 2014).
Member Member President.
gm*
